Supreme Court Allows Suits Against Texas Abortion Law To Continue

ACROSS TEXAS — The U.S. Supreme Court allowed Texas' restrictive abortion law to stay in effect but also ruled that abortion providers could continue with lawsuits and pre-enforcement challenges to the law in a mixed decision Friday.

The decision, written by Justice Neil Gorsuch, punted on deciding whether the law violates the U.S. Constitution but was a temporary victory for challengers to the law.

"The ultimate merits question — whether S.B. 8 is consistent with the Federal Constitution — is not before the Court. Nor is the wisdom of S.B. 8 as a matter of public policy," the court said.

S.B. 8 went into effect Sept. 1 and bans abortions after a fetal heartbeat is detected, which can occur as early as six weeks into pregnancy. The law's enforcement is left up to private citizens — not state officials — who can sue anyone who "aids or abets" an unlawful abortion.

The court ruled that the case could proceed with challenges against Stephen Carlton, Katherine Thomas, Allison Benz and Cecile Young, officials with specific authority over medical licensees charged with enforcement of the Texas Health and Safety Code, which the court determined included S.B. 8.

Pre-enforcement challenges by abortion providers against a state-court judge, state-court clerk, Texas Attorney General Ken Paxton and a private individual were struck down.

The court also affirmed the right of any person sued under S.B. 8 to "raise state and federal constitutional arguments in his or her defense without limitation."

A state judge in Austin ruled Thursday some elements of Texas' restrictive abortion law are unconstitutional and should not be enforced.